The North Dakota power of attorney is a document one person, the principal, issues to authorize another person, the agent, to represent them before a governmental, financial, legal, or any other organization.
The North Dakota power of attorney contains the following:
Names, addresses, and ID numbers of the principal and agent
Scope of authority that is delegated to the agent
Limitations to the authority
List of the third parties agent who can represent the principal before
Term of the power of attorney
Details about when the document becomes effective
Based on the details above, especially the scope of authority and the effectiveness of a power of attorney, you should issue a different type of power of attorney.
Types of Power of Attorney in North Dakota
North Dakota Durable (Statutory) Power of Attorney Requirements
This type of North Dakota power of attorney remains effective even if the principal becomes incapacitated.
The principal can define that the power of attorney will become effective:
From the moment it is signed, and remain effective in case of their incapacity
When the principal becomes incapacitated
North Dakota General (Financial) Power of Attorney Requirements
The general power of attorney authorizes the agent to take any necessary financial action that is in the principal’s interest. The agent is also authorized to represent the principal before all third parties. The principal can define the actions the agent is not authorized to take by setting the list of limitations in a power of attorney.
North Dakota Limited (Special) Power of Attorney Requirements
This type of North Dakota power of attorney provides a list of activities the agent is authorized to take on behalf of the principal. Any action outside the list will be invalid.
North Dakota Parental (Minors) Power of Attorney Requirements
If you want to delegate the power to another person to make decisions regarding your child's care, medical treatment, or education, you can use the parental power of attorney. This document can be effective for no more than 6 months, and the agent cannot have the power to make decisions regarding the child’s adoption and marriage.
North Dakota Medical Power of Attorney Requirements
The principal can use the medical power of attorney to authorize another person to make decisions regarding their medical treatment in case they become unable to do so. In North Dakota, a notary public or at least two witnesses must be present when the principal signs the medical power of attorney. (§ 23-06.5-05(2.))
North Dakota Springing Power of Attorney Requirements
If you want your North Dakota power of attorney to become effective after a certain date or event, you should use the springing power of attorney. The principal often uses this type of power of attorney to determine whether it will become effective if they lose the capacity to make decisions on their own.
North Dakota Vehicle Power of Attorney Requirements
You can use the vehicle power of attorney to authorize another person to buy or sell a vehicle on your behalf. The agent can also have the authority to apply for the title and registration at the North Dakota DOT.
North Dakota Revocation Power of Attorney Requirements
The principal can revoke all the previously issued powers of attorney by issuing the revocation power of attorney. It is important to identify the power of attorney that you want to revoke by providing the date it was issued and details about the agent it was issued to.
North Dakota Tax Power of Attorney Requirements
This type of power of attorney authorizes the tax professional to act on behalf of the principal and represent them before the North Dakota tax authorities. The agent can collect tax-related information, submit tax forms, apply for a tax refund, and perform other tax-related activities.
North Dakota Real Estate Power of Attorney Requirements
You can use this type of power of attorney to authorize another person to:
Scope of Authorization
Complete a real estate transaction on your behalf.
Manage your property on your behalf.
Deal with the property taxes and refinance the property.
Handle the maintenance of the property.
Legal Requirements for a Power of Attorney in North Dakota
When making the North Dakota power of attorney, you should make sure it fulfills the following requirements:
Witnesses. When signing the medical power of attorney in North Dakota, the document must be acknowledged by the notary public or at least two witnesses. One of the witnesses can be an employee of the healthcare facility treating the principal. None of the witnesses can be an agent, a person related to the principal by blood, marriage, or adoption, or any person that has any claims against the estate of the principal.
Mental capacity. The principal should be of sound mind and capable of understanding their actions and the consequences of their action at the time they are signing the power of attorney.
Notarization. Although the North Dakota law doesn’t explicitly require the notarization of a power of attorney, it is recommended to do so. Many third parties, especially financial institutions, refuse to accept the power of attorney if it’s not properly acknowledged by the notary public.
Who Can Be an Agent for a Power of Attorney in North Dakota?
You can name any legally capable adult as an agent in your North Dakota power of attorney.
However, considering that you are delegating important authorities, you should choose a person who is trustworthy and capable of representing your interests before third parties. When authorizing a person to represent you in legal and tax-related matters, choose someone with professional knowledge in these fields, like your accountant or a lawyer.
You can also authorize more than one person to represent your interests as "co-agents." Another option is to name a successor agent who can represent you in case the primary agent becomes unable to do so.
How to Create a North Dakota Power of Attorney
Power of Attorney in North Dakota
#1. Decide on Which Type of Document to Use
Depending on the scope of authority you want to delegate to the agent and the moment you want your power of attorney to become effective, you can choose different types of this document.
#2. Select an Agent
You should choose a person who is at least 18 years old and has legal capacity. Additionally, that person should be trustworthy and willing to represent you. In practice, people usually choose some of their family members or friends as their agents when possible.
#3. Define the Agent’s Powers
By using the general power of attorney, you can authorize your agent to represent you in all matters and before all third parties. Contrary to that, you can provide the list of authorities you delegate to your agent, as well as the list of legal and natural persons they can interact with on your behalf.
#4. Download & Fill in Our Form
This way, by downloading our professional template, you will be sure your power of attorney is in line with all the North Dakota laws and requirements for the type of power of attorney you wish to make.
#5. Get It Signed & Notarized
The principal or a person in their sound presence should sign the power of attorney. Additionally, if you are making a medical or vehicle power of attorney, the notary public should acknowledge the authenticity of the document.
#6. Safely Store the Original Copy
The principal should keep the original copy of the North Dakota power of attorney in their possession.
#7. Provide Copies to Relevant Parties
Every natural or legal person the agent interacts with on your behalf should also be provided with a copy of the power of attorney for their reference.
#8. Update the Document as Needed
Every time some of the details in the power of attorney change, you should update it by issuing a new document with the updated information.
How Long Does a Power of Attorney Last in North Dakota?
The North Dakota power of attorney can become effective from the moment the principal signs it or after a certain date determined in the document.
The North Dakota power of attorney terminates:
Reasons for Termination
On the date determined as the power of attorney expiration date
If the principal revokes it
In case the agent resigns
If the principal becomes incapacitated (only for the non-durable power of attorney)
After the purpose for which the power of attorney is issued gets fulfilled
If the principal dies
North Dakota Power of Attorney FAQ
You can use the power of attorney in any situation where you cannot act or make decisions for yourself. This can be caused by your physical or mental disability or by the fact that you are not located near the place where certain actions need to be taken.
A power of attorney authorizes another person to act on your behalf within the scope of authority you have delegated to them.
The North Dakota law doesn’t explicitly require the notarization of a power of attorney. However, by doing so, you are confirming the authenticity of the document and preventing fraud and disputes about the document’s authenticity.
Yes, even if you already have a will, you should also issue a power of attorney. The main difference between these two documents is that a will allocates your property after you pass away, while a power of attorney protects your interests during your lifetime.